Virginia Attorney General s Office Medicaid Fraud Control Unit

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1 VOLUME 5, ISSUE 2 June 2014 Virginia Attorney General s Office ELDER ABUSE AND NEGLECT CASE If you suspect that Medicaid fraud or elder abuse and neglect has occurred in a Medicaid facility or has been committed by someone working for a Medicaid provider, immedi ately contact Adult Protective Services and your law enforce ment office. Then, report the incident to the Medicaid Fraud Control Unit (MFCU) of the Office of the Virginia Attorney General at or This case was referred to the MFCU from the Martinsville Police Department. The victim, was a 57 year old adult suffering from Parkinson's disease and other disorders who was receiving care in a group home operated by the Claye Corporation. On February 8, 2011, the victim experienced an episode of incontinence at the group home. While his caretakers proceeded to clean the affected area of the house, the victim was severely burned by scalding water from a running faucet or shower head. The victim was found partially submerged and severely burned on his legs, back, face and arm. The victim s caregivers placed him in a van intending to transport the victim to the hospital. Before the victim could arrive at the hospital, Richard Wagoner (owner of Claye Corporation) ordered the van to turn around and return the victim to the group home, and that the victim be treated for his injuries there. Ten days later, the victim died from complications resulting from lack of proper medical treatment for his severe burns. Case Outcome On May 4, 2012, Wagoner was convicted of Neglect of an Incapacitated Adult Resulting in Death in violation of Va. Code On October 18, 2012 Richard Wagoner was sentenced in Martinsville Circuit Court to five years incarceration with all five years suspended for a period of ten years and one year of supervised probation. INSIDE THIS ISSUE: CASE: ELDER ABUSE AND NEGLECT CASE 1 THE COMMONWEALTH FROM CORNER TO CORNER 2 WHAT IF YOU SUSPECT FRAUD BY A MEDICAID RECIPIENT ORDER MATERIALS FOR YOUR COMMUNITY CONTACT INFORMATION 4-5 WANT TO BE PLACED ON OUR DISTRIBUTION LIST? Appeal On April 8, 2014, the Court of Appeals of Virginia (CAV) issued an opinion affirming Wagoner's convictions. On appeal Wagoner asserted (1) that the trial court applied the wrong decisional standard in denying his motion to set aside the jury verdict; (2) that the evidence was insufficient to support a finding that his conduct was a proximate cause of the victim s death; and (3) that the evidence was insufficient to establish that he committed a willful act with knowledge and consciousness that injury or death would result to the victim. The CAV rejected these claims holding that the trial court properly applied the law and the evidence in convicting Wagoner. On May 8, 2014, the CAV denied Wagoner's petition for Rehearing En Banc. 1

2 VIRGINIA ATTORNEY GENERAL S OFFICE MEDICAID FRAUD CONTROL UNIT The Commonwealth From Corner to Corner Here's a partial schedule of the upcoming presentations on Medicaid Fraud and Elder Abuse & Neglect. For a full list of community outreach events, please visit us at June 5 Great Bridge Seniors Club 10:30 a.m. Great Bridge United Methodist Church 201 Stadium Drive, Chesapeake, VA June 12 Newport News TRIAD Senior Expo 10:00 a.m. Northampton Community Center 1435-A Todds Lane, Hampton, VA June 19 Chimes, Inc. 12:00 noon 3951 Pender Drive, Suite 120 Fairfax, VA June 27 Warsaw-Richmond County TRIAD 2nd Annual Health and 11:00 a.m. Safety Fair 2:30 p.m. Northern Neck Technical Center Historyland Highway Warsaw, VA Virginia Attorney General Mark R. Herring The Virginia MFCU s Community Outreach Coordinators will soon be coming to a congregation, club or civic group near you! July 31 Salem Department of Parks and Recreation Meeting 12:00 noon Salem Senior Center 110 Union Street, Salem, VA August 28 Chesterfield Council on Aging Meeting 9:00 a.m. Lucy Corr Village 6800 Lucy Corr Boulevard, Chesterfield, VA Randy Davis, MFCU s Eastern Virginia Community Outreach Coordinator, and Debbie Bell, Western Virginia Community Outreach Coordinator exhibit in Campbell County. September 4 Charlottesville AARP Chapter #192 Meeting 11:00 a.m. Elks Lodge 389 Elk Drive, Charlottesville, VA 6800 Lucy Corr Boulevard, Chesterfield, VA 2

3 VOLUME 5, ISSUE 2 What if you suspect fraud by a Medicaid Recipient? Please contact the Department of Medical Assistance Services (DMAS). Recipient fraud may include: the deliberate failure to report income or to disclose resources unreported change in household member composition uncompensated asset transfer Medicaid card sharing, prescription fraud and drug diversion Non-fraud examples are: eligibility errors due to recipient misunderstanding agency errors when Medicaid-covered services continue during the appeal process and the agency s cancellation action is upheld When the investigation confirms that an individual received Medicaid services fraudulently, the claims paid on the recipient s behalf are determined and the overpayment amount is identified. Recipient fraud cases may be prosecuted by the local Commonwealth s Attorney s Office or in Federal court when joint investigations are involved or By mail: Department of Medical Assistance Services Recipient Audit Unit 600 East Broad Street Suite 1300 Richmond, Virginia Learn More and Connect with Us on Social Media Check out the new Virginia s Facebook page today at to keep up with the latest news on Medicaid Fraud from across the Commonwealth and the nation. While there, you can also access detailed information about MFCU, including our mission, awards, and contact information. View and download photos of our recent visits to community organizations. Watch videos and check our calendar of events for upcoming presentations in your area. And, don t forget to click the like button if you want to join our list of friends. You may also follow us on Twitter at and Pinterest at The MFCU is statutorily prohibited from investigating Medicaid recipient fraud. 3

4 OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA Elder Abuse and Neglect Squad Order Materials for Your Community Contact us at: or by telephone, , to order brochures, tip cards for first responders, elder abuse and neglect flyers. We are on the web: 900 East Main Street Richmond, VA Phone: or Fax: Also, find us at 4

5 For more information, additional copies, or to be placed on our distribution list to receive quarterly copies of this newsletter, please contact: Esther Welch Anderson Administrative Manager Office of the Attorney General of Virginia 900 East Main Street Richmond, VA or If you would like to request a presentation on Medicaid Fraud or Elder Abuse and Neglect for your congregation, club or civic group, please contact Randy Davis at or Debbie Bell at today. 5

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